Hanz Trucking, Inc. v. Harris Brothers Co.

The issues raised are as follows:(1) Is the minimum mileage provision of the contract ambiguous?(2) Did retention of the check constitute an accord and satisfaction ?(3) Did the failure of plaintiff to bill on a monthly minimum basis constitute either waiver or estoppel?(4) Has plaintiff established damages awarded by the trial court?

The trial court permitted parol testimony to be received in evidence at the trial, over the objection of Hanz, as an aid in interpreting and construing the disputed minimum mileage provision of the contract. The disputed language is “subject to a minimum of four…